What Is the Average Settlement for Traumatic Brain Injury?

An injury to the brain is probably the most severe type of injury anyone can suffer. The brain controls everything, from our movements to our heartbeats. Also, the brain stores our memories and defines our unique personalities. This is why a Union City traumatic brain injury lawyer will fight for the maximum compensation for people who suffered from this kind of injury.

From case experience and talking to medical specialists, we know that a traumatic brain injury (TBI) can severely limit a person’s ability to enjoy life and function in society and family. Many patients with TBI need in-home nursing care or have to be moved to an assisted living facility. This is not just heartbreaking for their family, but also a significant financial burden.

This is why a dedicated Union City traumatic brain injury lawyer will fight for every dollar and cent the accident victim deserves as compensation from the negligent party that caused their injury.

What Types of Personal Injury Cases Result in Traumatic Brain Injury? 

A traumatic brain injury (TBI) is the result of various types of trauma to the head and other types of negligent actions that do not involve a physical hit to the head. There are five types of

  • Open injury – when the brain is penetrated by a foreign object
  • Closed injury – when the skull remains intact, but the brain suffers an injury
  • Deceleration injury – in severe cases of whiplash
  • Chemical injury – resulting from exposure to dangerous chemicals, such as carbon monoxide
  • Hypoxia – an injury resulting from lack of oxygen, due to suffocation, smoke inhalation, or drowning.

An experienced Union City traumatic brain injury lawyer knows that each of these injuries can be caused by someone’s negligence (or malicious intent) in various types of instances:

  • Car accidents
  • Slip and fall accidents
  • Premises liability accidents (smoke or carbon monoxide inhalation)
  • Medical malpractice
  • Defective products.

Factors that Affect the Value of a Traumatic Brain Injury Claim

We will not be discussing numbers in this article. Each case is unique, starting from the circumstances of the accident, and ending with the liable party and the long-term impact of the injuries.

However, we can explain the factors that a Union City traumatic brain injury lawyer takes into account for the evaluation of the compensation amount.

1. The Type of Accident

It may appear of no consequence, but the type of accident our client suffered may determine the total value of their insurance claim. There is a particular situation in Georgia – a cap on non-economic damages in medical malpractice cases.

Despite the fact that this particular section of the Official Code of Georgia was declared unconstitutional more than ten years ago, it is still in force. Thus, the non-economic damages a patient can recover in a malpractice suit are:

  • Maximum $350,000 from all the doctors and other healthcare providers in the lawsuit – irrespective of the number of plaintiffs
  • Maximum $350,000 from a medical facility and all the vicariously liable parties, capped at $700,000 for all the medical facilities
  • Maximum $1,050,000 in total from all the defendants in a lawsuit.

These amounts may appear large, but if you are to join a class lawsuit, they are divided among all the plaintiffs.

TBI patients need an experienced personal injury lawyer to win damages

2. The Impact of the Traumatic Brain Injury on Your Life

Some people who suffered a traumatic brain injury may remain independent and able to earn an income. Others are completely dependent on others for everything – including activities of daily living such as feeding and bathing.

Thus, the total economic damages differ from case to case. The eligible damages that a lawyer will include in a claim are:

  • Hospital bills
  • Costs of treatment and prescription medications
  • Costs of rehabilitation and physical therapies
  • Lost wages
  • Loss of future earnings
  • Loss of earning capacity
  • Costs with assistive devices (wheelchair, walking frame)
  • Costs with life care.

3. The Available Insurance Coverage 

When it comes to filing an insurance claim, one thing is certain from the very beginning: the insurer will not pay one dollar more than the available coverage amount. Thus, if the traumatic brain injury is the result of a car accident, the auto insurance company will pay the coverage amount specified on the policy.

If the at-fault driver only carries the minimum required coverage, these amounts are:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage.

These amounts are nowhere close to the total economic and non-economic damages. In this case, a Union City traumatic brain injury lawyer will analyze whether it is worthwhile suing the at-fault driver for the difference.

If the driver does not have valuable assets, it may be nearly impossible to collect the jury award from them.

4. The Likelihood of Seeking Punitive Damages

In some cases, the traumatic brain injury was the result of an event that involved fraud, a willful intent to harm, or malice. In this case, the injured person may seek punitive damages in a personal injury lawsuit.

However, a Union City traumatic injury lawyer must be able to prove the malice or willful intent with clear and convincing evidence. Also, there is a cap of $250,000 on punitive damages, with a few exceptions:

  • In product liability cases – injury caused by defective products
  • If the defendant acted under the influence of alcohol or drugs
  • If the defendant intended to cause harm.

Also, you must know that you may keep only 25% of the punitive damages. The state of Georgia will collect 75% of the amount.

A Dedicated Union City Traumatic Brain Injury Lawyer Will Win Your Case!

If you or a loved one suffered a traumatic brain injury due to someone else’s negligence, bring your case to Gilbert Sperling, III, P.C.  Your case will be handled with the utmost professionalism, dedication, and compassion by a Union City personal injury lawyer who fights for each client without giving up.

Facing a reduced quality of life and the need to receive constant care, TBI victims need every dollar they deserve to have their financial future assured. And this is why you need an experienced and dedicated lawyer, who is not afraid to tackle difficult cases.

Gilbert Sperling, III will protect your rights, so schedule a free case review as soon as possible after the accident!